Michael Barry: University of Calgary Clarissa Augustinus: UN-Habitat Property Metaphors, Property Theory and Communicating the Continuum of Land Rights

GLTN BRIEFING AND PROGRAMME What is the continuum of land rights? −a metaphor, a theory, an advocacy tool, or aspirational tool Contrasting development and property theories, 1. evolve to some modern global uniform society, or 2. let a community evolve according to its own unique circumstances Graphical communication of the continuum ‒ Multiple, purpose specific graphics ‒ How do we use the continuum in scenario analysis? CONTENT

GLTN BRIEFING AND PROGRAMME Continuum and Modernisation Theories Continuum accepted as a concept – not examined in terms of property theories Modernisation development theory and evolutionary theories of property have dominated the development agenda People should modernise –a linear evolutionary process Individual, private property is the best, if not the only way to go Individual, private property economically efficient (Demsetz) Tragedy of the commons (Hardin)

GLTN BRIEFING AND PROGRAMME Land Titles and the Bundle of Rights Titling is harshly criticised when based on evolutionary theory Failure to check if the enabling conditions exist Simplistic, driven by economics alone & inequitable Few pragmatic, actionable alternative theories with a solid empirical foundation Bundle of rights is also criticised as a metaphor Generally articulated in terms of the proprietary unit – the legal model that gives procedural effect to real property law Can accept it as a bare bones metaphor – each stick splinters and has two troublesome ends – a constellation of interests

GLTN BRIEFING AND PROGRAMME ALTERNATIVE CONCEPTS Legal pluralism, anthropological and ecological perspectives Personhood perspectives – property is a sense of identity for some Land as a web of interests Land as a constellation of interests ‒ Ideological layer ‒ Categorical layer – legal relationships, proprietary unit ‒ Actual, concrete layer – social matrix of relationships Constellation in harmony with continuum – don’t reject the bundle metaphor either

Scenarios Constellation Practical Form Current state Future state

GLTN BRIEFING AND PROGRAMME Graphical Communication Current graphic – a number of alterations to this representation

GLTN BRIEFING AND PROGRAMME Purpose Oriented / Generalised – USAID - Payne et al 2014

GLTN BRIEFING AND PROGRAMME Context Specific - South African State Housing - Whittal 2014

GLTN BRIEFING AND PROGRAMME Peri-urban Customary South Africa & Ghana Explanation & Prediction Aid Extend Axes / Variables into simulation models using gaming engines?

GLTN BRIEFING AND PROGRAMME CONCLUSIONS Promote the continuum of land rights as a metaphor, not a theory or advocacy tool Land as a constellation of interests as the explanatory metaphor – don’t reject the bundle ‒ Tensions between explaining complexity and simple messages required by politicians and funders Graphical communication ‒ Very few other property metaphors have a “graphic” ‒ State explicitly the purpose of a continuum graphic and the context in which the continuum is to be applied. ‒ How can we incorporate the concept in applying the latest technological toys – specifically scenario analysis?